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NWACHUKWU ELUMBA V. ATTORNEY GENERAL, ANAMBRA STATE & COMMISSIONER OF POLICE, ANAMBRA STATE

(2021) JELR 109657 (CA)

Court of Appeal  •  CA/AW/33C/2017  •  30 Jun 2021  •  Nigeria

Coram
Chioma Egondu Nwosu-Iheme, JCA Isaiah Olufemi Akeju, JCA Patricia Ajuma Mahmoud, JCA

Judgement

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Anambra State, Idemili Judicial Division holden at Ogidi delivered on 20th December, 2016 in Suit No. HID/MISC/64/2014. The action was contested by the parties and in its considered judgment the High Court now called the lower Court dismissed the claim of the Plaintiff, hence this appeal.

The Appellant had at the lower Court sought four reliefs thus:

1. A Declaration that the procedure in the Administration of Criminal Justice Law of Anambra State purporting to have authorized the bringing of the Applicant before the Magistrate Court at Ogidi for remand purpose only in respect of an allegation of the commission of an offence by the Applicant violates the Applicant’s right to personal liberty guaranteed the Applicant by the Constitution of the Federal Republic of Nigeria 1999.

2. A Declaration that the remand of the Applicant in prison custody by the Magistrate Court of…

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